NISD student who won't wear Smart ID back at Jay HS Monday

Attorneys confident Andrea Hernandez won’t have to wear Smart ID

Author: Cory Smith, Reporter, csmith@ksat.com
Published On: Nov 25 2012 10:54:50 PM CST   Updated On: Nov 25 2012 10:48:32 PM CST
smart id card
SAN ANTONIO -

Attorneys for a John Jay High School student who was reassigned for refusing to wear a micro-chipped student ID card said they’re confident a judge will rule in their client’s favor.

On Sunday, John Whitehead, president of the Rutherford Institute, said his client, Andrea Hernandez, will not have to wear the Smart ID card if a judge makes a temporary restraining order against the school permanent.

“Usually when judges rule on temporary restraining orders in your favor that's how they're leaning,” he said.”It would take quite a bit of some kind of evidence or constitutional arguments, which the school does not have.”

Last week a judge issued a temporary restraining order, and the sophomore is expected to return to class on Nov. 26.

Whitehead said the school district has no legal grounds to make his client comply with the new program since the Smart IDs are not meant to protect students, but increase state funding by increasing enrollment.

“They're not putting these chips on to protect kids. They're doing it to make money," Whitehead said.

A judge is expected to make a final ruling in the case Wednesday.

Northside ISD says it did offer a compromise to Hernandez to allow her to wear a student ID without a microchip, but she and her family declined that offer.

A second student at the school has been reported as refusing to wear a Smart ID.

As for a hacking incident with the district's website, Northside officials says they know who was responsible and is investigating and plans to contact the appropriate law enforcement agency.